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2011 DIGILAW 246 (JK)

Deep Chand Dagur v. U. O. I. & Ors.

2011-05-12

MANSOOR AHMAD MIR, SUNIL HALI

body2011
1. Challenge in this Letters Patent Appeal is to the judgment and order dated 29.6.2001 passed by the writ court in SWP No. 1229/97, whereby the writ petition, came to be dismissed (for short, impugned judgment), on the grounds taken in the appeal. 2. Precisely the case of appellant is that he be given the benefit of services rendered by him in Rajas than Police and his seniority be fixed accordingly, i.e., over and above private respondents 4 to 29 and he be promoted to the post of Inspector. 3. Petitioner who was an employee of Rajasthan Wireless Police and manning the post of Assistant Sub Inspector (Operator), exercised the option to the effect that he would like to join the Border Security force (for short, hereinafter BSF). Accordingly, he was transferred to BSF with effect from 1.3.1969 and joined as Naik Operator. His grievance is that he should have been adjusted against the post of Assistant Sub Inspector and was senior to private respondents, thus is entitled to promotion to the post of Inspector. 4. Respondents have resisted the petition on the ground that he on his own exercised the option and accepted the post of Naik Operator, performed his duties as such and thereafter promoted as Head Constable on 1.3.1972, as Assistant Sub Inspector on 1.7.1980 and Sub Inspector on 1.11.1989. He joined and performed the duties of Naik Operator and thereafter also accepted the promotions (supra) with­out any objection. 5. Admittedly, the petitioner has not made any grievance right from 1.3.1969 till filing of the writ petition. He performed his duties, accepted the promotions as Head Constable, Assistant Sub Inspector and Sub Inspector, thus is caught by law of estoppels and cannot make a u-turn now after a lapse of more than 28 years, i.e. from the date he accepted the post of Naik Operator in BSF. Further the writ petition is hit by delay and latches. Our view is also fortified by two judgments of the Supreme Court delivered in cases, titled as, S.D.O. Grid Corporation of Orissa Ltd. v. Timudu Oram, 2005 AIR SCW 3715 and Regional Manager, APSRTC v. N. Satyanarayana, 2007 AIR SCW 7137. 6. Further the writ petition is hit by delay and latches. Our view is also fortified by two judgments of the Supreme Court delivered in cases, titled as, S.D.O. Grid Corporation of Orissa Ltd. v. Timudu Oram, 2005 AIR SCW 3715 and Regional Manager, APSRTC v. N. Satyanarayana, 2007 AIR SCW 7137. 6. The Writ Court has rightly held that the writ petition and the reliefs sought are belated and the writ petitioner has waived off all his rights by joining and accepting the post of Naik Operator and thereafter by performing the duties against the promotional posts. 7. We are of the considered view that the Writ Court has rightly dismissed the writ petition. Accordingly, we do not find any merit in the appeal, the same is dismissed as such along with all CMPs.